Jessica,
I know I am not DEAD wrong. I have just completed a documentary on this
subject and have consulted numerous copyright attorneys and scholars for the
last three years. There are important differences between a screening
with paid admission, a screening in a money making establishment, a public
screening in a library, a screening to a private group in a library and a
viewing by three library patrons who check out a video in a viewing
equipment room. None of these meet the definition of your mythical 'home use
only'. The right to control public performances covered in copyright law is
very limited but has been expanded by backroom settlements in courthouses.
We are not obligated to those settlements regardless of what our fearful or
your aggressive lawyers may say.

To put it another way, by your definition READING OUT LOUD TO CHILDREN
SHOULD REQUIRE A LICENSE since books are for home use only. What you are
proposing is a movable feast for copyright monopolists.

Sorry you are DEAD wrong. You have NO RIGHT for any type of PUBLIC SCREENING
and copyright law is VERY CLEAR ON THIS. Right of first sale applies ONLY to
home use ( which I have NO problem extending to individual carol use). By
your definition any bar, college, theater etc that bought a legal tape could
show it to an audience. I STRONGLY suggest you check with a good copyright
attorney as this is not NOT a gray area.
I understand Dawn's frustration I am a little uncomfortable with that kind
of don't ask, don't tell position. Usually I don't "blame" institutions when
for instance a student group at a college is caught showing one of our
titles publically BUT I do think they are responsible when said student
group comes to the library , asks to borrow the video projection equipement
and NOBODY even asks them what they want to do with it.
I think there is a pretty good chance that if you asked the people who put
out the "how to" gardening tape , they might have no objection to a garden
group watching it in the library but you need to ASK.
What happens when the Boy's Scouts want to borrow your room for a screening
of FANTASIA?

> From: "Jed Horovitz" <JedH@videopipeline.com>
> Reply-To: videolib@library.berkeley.edu
> Date: Wed, 4 Jun 2003 09:03:51 -0400
> To: <videolib@library.berkeley.edu>
> Cc: <nancy.kranich@nyu.edu>
> Subject: RE: [Videolib] public performance in public libraries
>
> Tracy,
> I really disagree with Dawn. 'Getting around' this is the problem. We
have
> to resist the ongoing, incremental effort to expand copyright in favor of
> the distribution companies. Only by saying, "The library paid for this
and
> has the right to show it in the library to patrons", will we stop them
from
> creating a pay per view society.
>
> It is not a violation of copyright law. The copyright owners want you to
> think it is. No where in the copyright law does it state that are they
> allowed to create a 'shrink wrap' license by printing 'home use only' on
the
> cover. If enough of us don't use our FIRST SALE, FAIR USE and FREE SPEECH
> rights, they start to claim that as a precendent. Stand up to them.
>
> Just this week, the ALA filed an amicus brief (Baystate Technologies, Inc.
> v. Bowers, petition to the U.S. Supreme Court) supporting my position.
>
> Jed Horovitz
> President
> Video Pipeline, Inc.
> 16 S. Haddon Ave.
> Haddonfield, NJ 08033
> <mailto:jedh@videopipeline.com>
> 856 427 9799 x 11
>
>
> -----Original Message-----
> From: videolib-bounces@library.berkeley.edu
> [mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Dawn Mogle
> Sent: Tuesday, June 03, 2003 6:17 PM
> To: videolib@library.berkeley.edu
> Subject: Re: [Videolib] public performance in public libraries
>
>
> Tracy-
> I usually get around this by having someone in the group check out the
> video. What they do with it and where is their business! Any group using
our
> meeting room can book equipment for a video showing and we do not ask what
> they are showing. I refuse to be the video police for every video
> distributor in America. If the library is sponsoring-yes, we toe the line
> or get a license.
>
> Dawn Mogle
> Lake Co. Public Library
> Merrillville IN
>
> ----- Original Message -----
> From: "TMontri" <tmontri@toledolibrary.org>
> To: <Videolib@library.berkeley.edu>
> Sent: Tuesday, June 03, 2003 4:15 PM
> Subject: [Videolib] public performance in public libraries
>
>
>> Hi all,
>>
>> I know this type of issue has been on the list often, but I have a
> question
>> regarding public performance of videos in public libraries. My library
> has
>> a gardening group (and has had several other similar types of community
>> groups) that wants to show an instructional videotape that is home use
> only.
>> The screening will be in our auditorium. Would it be a violation of
>> copyright law to allow the group to screen this video in the public
> library?
>> Or does this type of gathering consistute face-to-face teaching?
>>
>> Thanks in advance for your help,
>> Tracy Montri
>> Toledo-Lucas County Public Library
>> _______________________________________________
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>>
>
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